PART 1Preliminary

Interpretation2

1

In this Order—

  • “the 1961 Act” means the Land Compensation Act 19614;

  • “the 1965 Act” means the Compulsory Purchase Act 19655;

  • “the 1980 Act” means the Highways Act 19806;

  • “the 1984 Act” means the Road Traffic Regulation Act 19847;

  • “the 1990 Act” means the Town and Country Planning Act 19908;

  • “the 1991 Act” means the New Roads and Street Works Act 19919;

  • “the 2008 Act” means the Planning Act 2008;

  • “access plan” means plan reference CF/PLAN04/ACCESS/01-07 certified as the access and public rights of way plan by the Secretary of State for the purposes of this Order;

  • “the ancillary works” means the ancillary works described in Part 2 of Schedule 1 (authorised project) and any other works authorised by the Order which are not development within the meaning of section 32 of the 2008 Act;

  • “the authorised development” means the development described in Part 1 of Schedule 1 (authorised development) and any other development authorised by this Order;

  • “apparatus” has the same meaning as in Part 3 of the 1991 Act;

  • “the authorised project” means the authorised development and the ancillary works authorised by this Order;

  • “the book of reference” means the book of reference v2 submitted in November 2013 certified by the Secretary of State as the book of reference for the purposes of this Order;

  • “building” includes any structure or erection or any part of a building, structure or erection; “carriageway” has the same meaning as in the 1980 Act;

  • “environmental statement” means the document certified as the environmental statement by the Secretary of State for the purposes of the Order;

  • “highway” has the same meaning as in the 1980 Act;

  • “the land plan” means the plan reference CF/PLAN01/LAND/01-07 certified as the land plan by the Secretary of State for the purposes of this Order;

  • “the limits of deviation” means the limits of deviation referred to in article 6 (power to deviate);

  • “maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace, but not so as to vary from the description of the authorised project in Schedule 1 and only to the extent assessed in the environmental statement, and “maintenance” is to be construed accordingly;

  • “Order land” means the land shown on the land plan as—

    1. a

      land required for or affected by the authorised development,

    2. b

      land subject to the interference with private rights, and

    3. c

      land subject to the creation of new rights;

  • “Order limits” means the order limits shown on the works plan within which the authorised project may be carried out;

  • “owner”, in relation to land, has the same meaning as in section 7 of the Acquisition of Land Act 198110;

  • “public communications provider” has the same meaning as in section 151(1) of the Communications Act 2003;

  • “public sewer or drain” means a sewer or drain which belongs to the Natural Resources Wales, a harbour authority within the meaning of section 57 of the Harbours Act 196411 (interpretation), an internal drainage board, a joint planning board, a local authority, a National Park Authority, a sewerage undertaker or an urban development corporation;

  • “public utility undertaker” has the same meaning as in the 1980 Act.

  • “relevant planning authority” means the County Borough of Conwy in relation to land situated in the County Borough of Conwy, and the County of Denbighshire in relation to land situated in the County of Denbighshire;

  • “relocation works” means work executed, or apparatus provided, under paragraph (2); and

  • “Requirement” means a requirement set out in Part 3 of Schedule 1 (Requirements);

  • “statutory utility” means a statutory undertaker for the purposes of the 1980 Act or a public communications provider as defined in section 151(1) of the Communications Act 200312.

  • “street” means a street within the meaning of section 48 of the 1991 Act, together with land on the verge of a street or between two carriageways, and includes part of a street;

  • “street authority”, in relation to a street, has the same meaning as in Part 3 of the 1991 Act;

  • the tribunal” means the Lands Chamber of the Upper Tribunal;

  • undertaker” means RWE Innogy UK Limited (company number 2550622) whose registered office is at Auckland House, Lydiard Fields, Great Western Way, Swindon, Wiltshire SN5 8ZT;

  • watercourse” includes all rivers, streams, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain; and

  • “the works plan” means the plan reference CF/PLAN02/WORKS/01-07 certified as the works plan by the Secretary of State for the purposes of this Order.

2

References in this Order to rights over land include references to rights to do or to place and maintain, anything in, on or under land or in the air-space above its surface.

3

All areas distances, directions and lengths referred to in this Order are approximate and distances between points on a work comprised in the authorised project are taken to be measured along that work.

4

References in this Order to a numbered work are references to a work number in Part 1 of Schedule 1 (authorised development), and shown on the works plan.